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2003

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Clarifying The Federal Fair Housing Act’S Exemption For Reasonable Occupancy Restrictions, Tim Iglesias Jan 2003

Clarifying The Federal Fair Housing Act’S Exemption For Reasonable Occupancy Restrictions, Tim Iglesias

Fordham Urban Law Journal

The 1988 Fair Housing Act Amendments (FHAA) for “reasonable” governmental occupancy standards contains a deceptively simple “exemption” that has been the subject of interpretation by numerous courts. This article argues that this “exemption” has been misinterpreted by these courts, particularly by the Sixth Circuit in Affordable Housing Advocates v. City of Richmond Heights. The article describes how this misinterpretation undercuts the protection from housing discrimination that the FHAA provides for families, especially families of color. The article details the FHAA’s familial status provision and “reasonable” standard exemption, and goes on to “analyze relevant case law and the legislative history to …

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Why We Need The Independent Sector: The Behavior, Law, And Ethics Of Not-For-Profit Hospitals, Jill R. Horwitz Jan 2003

Why We Need The Independent Sector: The Behavior, Law, And Ethics Of Not-For-Profit Hospitals, Jill R. Horwitz

Articles

Among the major forms of corporate ownership, the not-for-profit ownership form is distinct in its behavior, legal constraints, and moral obligations. A new empirical analysis of the American hospital industry, using eleven years of data for all urban general hospitals in the country, shows that corporate form accounts for large differences in the provision of specific medical services. Not-for-profit hospitals systematically provide both private and public goods that are in the public interest, and that other forms fail to provide. Two hypotheses are proposed to account for the findings, one legal and one moral. While no causal claims are made, …

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Concert Recording 2003-03-04, Jeremy Pratchard Jan 2003

Concert Recording 2003-03-04, Jeremy Pratchard

Concert Recordings & Programs

Appalachian overture / James Barnes -- Urban scenes. Skyline at sunrise ; The business day ; Church steeples ; Rush hour ; Skyline at sunset / Andrew Boyson, Jr. -- Cole Porter on Broadway / Cole Porter -- Symphonic triptych. Fanfare-Scherzo ; Soliloquy ; March-Fanfare / James Curnow

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An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson Jan 2003

An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson

Fordham Urban Law Journal

Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …

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Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees Jan 2003

Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees

Fordham Urban Law Journal

The King County formed the Task Force on the Use of Criminal Sanctions as part of the King County Bar Association's Drug Policy Project to examine current criminal sanctions related to the non-medical use of drugs both in Washington and on the federal level. The founders charged the Task Force with the goal of assessing the effectiveness of criminal sanctions in reducing both illegal drug use and drug-related crime, and assessing the public costs associated with the use of criminal sanctions. The Task Force drew specific conclusions regarding the state response to drug use and the provision of drug addiction …

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Transnational Activist Networks And The Emergence Of Labor Internationalism In The Nafta Countries, Joel Stillerman Jan 2003

Transnational Activist Networks And The Emergence Of Labor Internationalism In The Nafta Countries, Joel Stillerman

Peer Reviewed Articles

Recent accounts of transnational activism have examined a variety of social movement organizations (SMOs) but have paid little attention to labor transnationalism. This article utilizes and adapts this new transnational social movements scholarship to understand contemporary labor activism in the North American Free Trade Agreement (NAFTA) countries. Exploring the preexisting networks and intramovement cleavages that helped spawn labor opposition to NAFTA, it focuses on labor activists' complaints under the treaty's labor side accord. I explore how rising political opportunities associated with the treaty and its new institutions created new political arenas, targets for activists, and incentives for cross-border collaboration. The …

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Holding To Basics And Investing For Growth: Cuban Education And The Economic Crisis Of The 1990s, Miren Uriarte Jan 2003

Holding To Basics And Investing For Growth: Cuban Education And The Economic Crisis Of The 1990s, Miren Uriarte

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

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Diffusing Environmental Regulation Through The Financial Services Sector: Reforms In The Eu And Other Jurisdictions, Benjamin J. Richardson Jan 2003

Diffusing Environmental Regulation Through The Financial Services Sector: Reforms In The Eu And Other Jurisdictions, Benjamin J. Richardson

Articles & Book Chapters

The financial services sector has the potential to be an important facet of future systems of environmental governance. But, so far, only ad hoc policy initiatives have arisen in the EU and other countries addressing the environmental roles of banks or insurers. Because the financial services sector is where wholesale decisions regarding future development, and thus pressures on the environment, arise, reform of investment, banking and insurance services to promote long term investment and better consideration of environmental impacts may be an effective way to promote sustainable development. Reforms such as corporate environmental reporting requirements, mandatory environmental liability insurance, and …

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Deference With A Difference: Of Rights, Regulation And The Judicial Role In The Administrative State, John M. Evans Jan 2003

Deference With A Difference: Of Rights, Regulation And The Judicial Role In The Administrative State, John M. Evans

Articles & Book Chapters

No abstract provided.

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Heydon' Seek: Looking For Law In All The Wrong Places, Allan C. Hutchinson Jan 2003

Heydon' Seek: Looking For Law In All The Wrong Places, Allan C. Hutchinson

Articles & Book Chapters

What judges think they are doing has considerable effect on what they actually do. Accordingly, the appointment of Dyson Heydon to the High Court of Australia is a useful occasion on which to examine the connection between one judge's thought and his actions. Heydon's extra-judicial writings call for a nostalgic return to the formalist virtues of an earlier era. However, his early judicial opinions on the High Court not only demonstrate the intellectual shortcomings of such a formalist approach, but also emphasise that adjudication is an inescapably political and contested activity - judicial conservatism is no less ideological than its …

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The Etiology And Treatment Of Nicotine Dependence: A Biopsychosocial Perspective, Lee M. Cohen, Dennis E. Mcchargue, Monica Cortez-Garland, Eric H. Prensky, Sadie Emery Jan 2003

The Etiology And Treatment Of Nicotine Dependence: A Biopsychosocial Perspective, Lee M. Cohen, Dennis E. Mcchargue, Monica Cortez-Garland, Eric H. Prensky, Sadie Emery

Department of Psychology: Faculty Publications

Chronic use of tobacco-containing products, particularly cigarettes, remains one of the most avoidable causes of death and illness in the United States and claims the lives of more than 430,000 individuals each year (U.S. Department of Health and Human Services [DHHS], 1999). The number of tobacco-related deaths alone exceeds that of deaths due to AIDS, murders, other drugs, alcohol, car crashes, fires, and suicides combined (Centers for Disease Control and Prevention [CDC], 2002). Illnesses associated with tobacco use include, but are not limited to, laryngeal cancer, oral cancer, esophageal cancer, obstructive pulmonary disease, cardiovascular disease, intrauterine growth retardation, and low …

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Web-Based Research: Methodological Variables' Effects On Dropout And Sample Characteristicsweb-Based Research: Methodological Variables' Effects On Dropout And Sample Characteristics, Kevin M. O'Neil, Steven D. Penrod, Brian H. Bornstein Jan 2003

Web-Based Research: Methodological Variables' Effects On Dropout And Sample Characteristicsweb-Based Research: Methodological Variables' Effects On Dropout And Sample Characteristics, Kevin M. O'Neil, Steven D. Penrod, Brian H. Bornstein

Department of Psychology: Faculty Publications

Previous research has made a beginning in addressing the importance of methodological differences in Web-based research. The present paper presents four studies investigating whether sample type, financial incentives, time when personal information is requested, table design, and method of obtaining informed consent influence dropout and sample characteristics (both demographics and measured attitudes). Undergraduates were less likely to drop out than nonstudents, and nonstudents offered a financial incentive were less likely to drop out than those offered no incentive. Complex tables, tables that were too wide, requests for personal information on the first page, and the imposing of additional informed consent …

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Family Factors That Differentiate Sexually Abused And Nonabused Adolescent Psychiatric Inpatients, Dawn H.S. Reinemann, Kevin D. Stark, Susan M. Swearer Napolitano Jan 2003

Family Factors That Differentiate Sexually Abused And Nonabused Adolescent Psychiatric Inpatients, Dawn H.S. Reinemann, Kevin D. Stark, Susan M. Swearer Napolitano

Department of Psychology: Faculty Publications

Sexual abuse research has traditionally focused on adult, retrospective accounts of potential correlates of abuse and their impact on functioning. However, only a few studies have examined sexually abused adolescents’ perceptions of their families, and results have proven inconclusive. This study examined whether family factors would differentiate sexually abused and nonabused adolescent psychiatric inpatients. Fifty-seven psychiatric inpatients, ages 11 to 17, who either had experienced sexual abuse or had no history of sexual victimization completed a diagnostic interview and were assessed on a variety of family indices. Results indicated that after controlling for level of depression, sexually abused adolescents could …

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Executive Clemency: An Ancient Power And A Modern Solution, Brendan Keating Jan 2003

Executive Clemency: An Ancient Power And A Modern Solution, Brendan Keating

Public Interest Law Reporter

No abstract provided.

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Faculty Handbook (1992, Revised 2003), Minnesota State University Moorhead Jan 2003

Faculty Handbook (1992, Revised 2003), Minnesota State University Moorhead

Faculty Handbooks

No abstract provided.

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Civic Engagement And Service-Learning With Young Children: Lntergenerational Peacemaking Projects: By The Students, Volunteers And Staff Of Peace Games, Education Commission Of The States Jan 2003

Civic Engagement And Service-Learning With Young Children: Lntergenerational Peacemaking Projects: By The Students, Volunteers And Staff Of Peace Games, Education Commission Of The States

Intergenerational

Violence, in all of its forms, continues to make learning difficult, if not impossible, for a substantial number of children. While high-profile incidences such as the Columbine High School shootings grab the public's attention, it is the daily difficulties of bullies, intimidation and fear that affect students in all schools (Twemlow, 2001 ).

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Standards For Science Teacher Preparation, National Science Teachers Association Jan 2003

Standards For Science Teacher Preparation, National Science Teachers Association

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Any project intending to write education standards for national dissemination and implementation is immediately confronted with the fact that education is a state function, and that the fifty states, plus Puerto Rico, each have their own ideas about what should be taught to their children. Education, unlike many professions, is a highly political act: parents and guardians are concerned about what their children are taught; and various stakeholders have their own ideas about what constitutes a good education. Whether or not they are directly engaged in setting standards, they want to know why a particular set of standards has been …

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Lingnan University Annual Report : 2002-2003 = 嶺南大學年報 : 2002-2003, Lingnan University Jan 2003

Lingnan University Annual Report : 2002-2003 = 嶺南大學年報 : 2002-2003, Lingnan University

Annual Reports

No abstract provided.

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2003-2004, Benjamin N. Cardozo School Of Law Jan 2003

2003-2004, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

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Drug And Alcohol-Related Workload Of Anchorage Patrol Officers: Results From Two Patrol Officer Surveys, Brad A. Myrstol, Matthew Giblin, N. E. Schafer Jan 2003

Drug And Alcohol-Related Workload Of Anchorage Patrol Officers: Results From Two Patrol Officer Surveys, Brad A. Myrstol, Matthew Giblin, N. E. Schafer

Reports

It is widely agreed among criminal justice professionals that alcohol and illegal drugs play a role in patterns of crime, but not much is known about how these substances influence the operation of criminal justice agencies, particularly in the area of policing. This report summarizes the findings of a study of the extent to which drug and alcohol-related incidents formed the workload of Anchorage Police Department patrol officers. The study consisted of two surveys, the first of which asked APD patrol officers to provide their best estimate of the amount of time they spent dealing with alcohol and drug-related activities, …

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Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley Jan 2003

Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley

Faculty Articles

This Article begins with an overview of the relationship between the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement") and the HIV/AIDS pandemic which created the need for the Doha Declaration. It then discusses two trade-related movements, unilateral action and TRIPS-plus bilateral agreements, that call into question the long-term effectiveness of the TRIPS Agreement process, generally, and the benefits of the Doha Declaration, in particular, in addressing multiple facets of the access to essential medicines problem. This Article concludes that a consideration of these issues should be included in the development of any further TRIPS-related solutions to …

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Patently Unconstitutional: The Geographical Limitation On Prior Art In A Small World, Margo A. Bagley Jan 2003

Patently Unconstitutional: The Geographical Limitation On Prior Art In A Small World, Margo A. Bagley

Faculty Articles

Part I of this Article provides an overview of § 102 of the Patent Act, the role of prior art in the patentability analysis, and the origin of the limitation on relevant non-patent, nonpublished art to that existing "in this country." Part II then analyzes the constitutional deficiency of the limitation in light of the express and implied purposes of the Intellectual Property Clause as informed by judicial decisions, technological changes, global contraction, and expanded notions of inventive research sources. Policy concerns are the focus of Part III, which discusses how § 102's geographical limitation facilitates forms of "biopiracy," conflicts …

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Volume 13 Issue 2 (2003), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2003

Volume 13 Issue 2 (2003), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Telemedicine Reimbursement: Raising The Iron Triangle To A New Plateau, Kirsten Rabe Smolensky Jan 2003

Telemedicine Reimbursement: Raising The Iron Triangle To A New Plateau, Kirsten Rabe Smolensky

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Cruel But Not Unusual Punishment: The Failure To Provide Adequate Medical Treatment To Female Prisoners In The United States, Kendra Weatherhead Jan 2003

Cruel But Not Unusual Punishment: The Failure To Provide Adequate Medical Treatment To Female Prisoners In The United States, Kendra Weatherhead

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Constraint-Induced Therapy: Remediation Of The Upper Extremity And Its Application In Occupational Therapy, Amanda J. Hively Jan 2003

Constraint-Induced Therapy: Remediation Of The Upper Extremity And Its Application In Occupational Therapy, Amanda J. Hively

Occupational Therapy Capstones

No abstract provided.

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Towards A Theory Of Cyberplace: A Proposal For A New Legal Framework, Ronnie Cohen, Janine S. Hiller Jan 2003

Towards A Theory Of Cyberplace: A Proposal For A New Legal Framework, Ronnie Cohen, Janine S. Hiller

Richmond Journal of Law & Technology

This article discusses whether the existing legal framework for property and places should apply to the electronic medium, or whether the uniqueness of the Internet requires a different characterization. The source of the right of the owner of an Internet site to legally control access to and use of the site and its content is the tort law of trespass and the law of contract. The sources of the right of users to freely access and use Internet content are the policies of free speech and public accommodation. Part I of this paper reviews the common law trespass theories that …

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Remarks On Food Safety In Dealing With Genetically Modified Foods, Dallas Hoover Jan 2003

Remarks On Food Safety In Dealing With Genetically Modified Foods, Dallas Hoover

Richmond Journal of Law & Technology

It’s nice to be here, and I appreciate the opportunity to talk with you all. It’s my first time in a School of Law and you certainly have more wood in your rooms than we do in laboratories, so this is a different experience for me. I’m a food microbiologist by training, so to me, food safety means Salmonella and cantaloupe and viruses in cruise ships. With genetically engineered foods, it’s a little bit different because the effects aren’t as dramatic as far as safety issues as what I see in my daily professional life. Also, it’s different because genetically …

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Remarks On Regulating Genetically Modified Foods In The United States, Gregory Jaffe Jan 2003

Remarks On Regulating Genetically Modified Foods In The United States, Gregory Jaffe

Richmond Journal of Law & Technology

Thank you very much for inviting me here today. I’m going to use PowerPoint here, but I will try to keep my comments brief. I’m going to spend just a minute or two introducing my organization to you and our biotech project. Then I’m going to talk a little about the regulatory system and what I see are some of the inadequacies in the current regulatory environment for agricultural biotechnology.

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Remarks On Regulating Genetically Modified Foods In The United States, L. Val Giddings Jan 2003

Remarks On Regulating Genetically Modified Foods In The United States, L. Val Giddings

Richmond Journal of Law & Technology

Thank you. I’m glad to be here today. Before I launch into my prepared remarks, I do want to correct a couple of things that Greg has just told you. Just for full disclosure, Greg and I shared an office about eighteen years ago when we both worked for the Congressional Office of Technology Assessment. When I arrived in Washington, I spent five years working as an analyst on these sorts of issues. So as I’m about to pound on Greg for knowing a number of things that don’t happen to be true, please be aware that I’m not really …

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